[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7948-S7949]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4459. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. TREATMENT OF EXEMPTIONS AND RECORDKEEPING UNDER 
                   FARA.

       (a) Limitation on Exemptions.--Section 3 of the Foreign 
     Agents Registration Act of 1938, as amended (22 U.S.C. 613), 
     is amended, in the matter preceding subsection (a), by 
     inserting ``, except that the exemptions under subsections 
     (d)(1) and (h) shall not apply to any agent of a foreign 
     principal that is included on the list maintained by the 
     Assistant Secretary of Commerce for Communications and 
     Information under section 5(b)'' before the colon.
       (b) Books and Records.--
       (1) List of agents of foreign adversaries.--Section 5 of 
     the Foreign Agents Registration Act of 1938, as amended (22 
     U.S.C. 615), is amended--

[[Page S7949]]

       (A) by striking the section designation and heading and all 
     that follows through the end of the first sentence and 
     inserting the following:

     ``SEC. 5. BOOKS OF ACCOUNT AND RECORDS; LIST OF AGENTS OF 
                   FOREIGN ADVERSARIES.

       ``(a) Books of Account and Records.--Except as otherwise 
     provided in this subsection, each agent of a foreign 
     principal that is registered under this Act shall maintain, 
     during the period of service as an agent of a foreign 
     principal, all books of account and other records with 
     respect to the activities of the agent of a foreign principal 
     the disclosure of which is required under this Act, in 
     accordance with such business and accounting practices as the 
     Attorney General, having due regard for the national security 
     and the public interest, determines, by regulation, to be 
     necessary or appropriate for the enforcement of this Act, and 
     preserve those books and records for a period of not less 
     than 3 years after the date of termination of the status of 
     the agent as an agent of a foreign principal.''; and
       (B) by adding at the end the following:
       ``(b) List of Agents of Foreign Adversaries.--The Assistant 
     Secretary of Commerce for Communications and Information 
     shall establish a list of, and any relevant information 
     relating to, each agent of a foreign principal that is a 
     foreign adversary (as defined in section 8(c) of the Secure 
     and Trusted Communications Networks Act of 2019 (47 U.S.C. 
     1607(c))). The Assistant Secretary of Commerce for 
     Communications and Information shall update and maintain the 
     list and any related information under this subsection as the 
     Assistant Secretary determines to be necessary and 
     appropriate.''.
       (2) Conforming amendment.--Section 7 of the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 617), is 
     amended, in the first sentence, by striking ``and 5'' and 
     inserting ``and 5(a)''.
       (c) National Telecommunications and Information 
     Administration Program Modification.--Section 8(a)(2) of the 
     Secure and Trusted Communications Networks Act of 2019 (47 
     U.S.C. 1607(a)(2)) is amended--
       (1) in subparagraph (C)(ii), by striking ``and'' at the 
     end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       
       ``(E) notwithstanding paragraph (3), periodically submit to 
     the Attorney General a list of, and any relevant information 
     relating to, each foreign adversary identified for purposes 
     of the program.''.
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